1995 (12) TMI 167

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....Advocate, for the Respondents. [Order per : R. Jayaraman, Member (T)]. -  This appeal is against the Order-in-Appeal No. 265/88 (Md.), dated 15-11-1988. The Revenue seems to be aggrieved by this order, because the Collector (Appeals) has allowed the benefit of exemption under Notification 175/86 to the respondents. The following facts are not disputed by both the sides : 2. The ....

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....in this shed was also entered in the RG-I register maintained in common by Polyspin for all the four sheds. Hence, it was alleged that the value of clearances for extending the benefit of exemption under Notification 175/86 for the period from 1-10-1986 in respect of the respondents, has to be taken clubbing the value of clearances from all the four sheds, covered by a common licence issued to M/s....

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....ng financial year. The department's contention is that the factory has to be construed to be as per licence issued to M/s. Polyspin Ltd. and the licence has been issued to four sheds including the shed leased out by the respondents. Therefore, the clearances in all the four sheds, as recorded in the common RG-I register maintained by M/s. Polyspin Ltd. is to be taken into account. If so taken, the....

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....hat the shed of the respondent is a full fledged factory capable of independent production, computation of value of clearances has to be done only with reference to the factory held by the respondents. M/s. Polyspin, being a bigger unit, not entitled to S.S.I. benefit, have taken the factory on lease and have chosen to include this premises in their licence already held for three sheds. Licensing ....